Case Detail

FOIA Project Annotation: Judge Richard Leon has ruled that the Executive Office for U.S. Attorneys conducted an adequate search for records concerning Gregory Burwell's conviction in the Eastern District of Virginia and that it properly withheld records under Exemption 7(C) (invasion of privacy concerning law enforcement records). Burwell seemed to argue that the agency's search was inadequate both because it did not find records and because records did not exist. Leon noted that "Plaintiff cannot have it both ways. His inconsistent arguments simply fail to create a materially factual dispute about the reasonableness of the search or to call into question the sufficiently detailed declarations describing the search." Leon found the redaction of the names of a Special Assistant U.S. Attorney and the foreman of a grand jury was appropriate. He dismissed Burwell's claim that since he already had a copy of the indictment the agency could no longer withhold it. Leon observed that "the right to assert an exemption lies with the agency possessing the requested record, and EOUSA retained the right to assert an applicable FOIA exemption whether or not the plaintiff obtained an unredacted copy of the indictment elsewhere."
Issues: Adequacy - Search, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2015-09-17	1	COMPLAINT against EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Filing fee $ 0.00) filed by GREGORY WAYNE BURWELL. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 09/17/2015)
2015-09-17	2	MOTION for Leave to Proceed in forma pauperis by GREGORY WAYNE BURWELL (jf) (Entered: 09/17/2015)
2015-09-17	3	PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by GREGORY WAYNE BURWELL (jf) (Entered: 09/17/2015)
2015-09-17	4	ORDER directing an initial partial filing fee from Prison Account of Gregory Wayne Burwell; granting 2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge James E. Boasberg on 09/16/2015. (see order for full detail) (jf) (Entered: 09/17/2015)
2015-10-08	5	SUMMONS (3) Issued as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. Attorney and U.S. Attorney General. (md) (Entered: 10/08/2015)
2015-10-16	6	NOTICE of Appearance by Caitlin O'Leary Trujillo on behalf of All Defendants (Trujillo, Caitlin) (Entered: 10/16/2015)
2015-10-16	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 10/13/2015, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/13/2015., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/13/2015. ( Answer due for ALL FEDERAL DEFENDANTS by 12/12/2015.) (jf) (Entered: 10/19/2015)
2015-11-05	8	MOTION for Extension of Time to File Dispositive Motion by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Trujillo, Caitlin) (Entered: 11/05/2015)
2015-11-30		MINUTE ORDER granting nunc pro tunc 8 MOTION for Extension of Time to File Dispositive Motion. It is hereby ORDERED that the defendant has up to and including January 11, 2016, to file a dispositive motion or otherwise respond to plaintiff's complaint. Signed by Judge Richard J. Leon on 11/30/15. (lcrjl1, ) (Entered: 11/30/2015)
2015-12-03		Set/Reset Deadlines: Answer or Dispositive Motions due by 1/11/2016. (tb) (Entered: 12/03/2015)
2015-12-17	9	Memorandum in opposition to re 8 MOTION for Extension of Time to File Dispositive Motion filed by GREGORY WAYNE BURWELL. "Leave to file granted" signed by Judge Richard J. Leon on 12/16/2015 (jf) (Entered: 12/18/2015)
2016-01-06	10	Second MOTION for Extension of Time to File Response/Reply by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 01/06/2016)
2016-02-03		MINUTE ORDER granting nunc pro tunc 10 Defendant's Second Motion for Enlargement of Time. It hereby ORDERED that the defendant has up to and including February 18, 2016, to file a dispositive motion or otherwise respond to plaintiff's complaint. Signed by Judge Richard J. Leon on 02/03/2016. (lcrjl1, ) (Entered: 02/03/2016)
2016-02-04		Set/Reset Deadlines: Defendant's Answer to the Complaint or Dispositive Motion is due by 2/18/2016. (jth) (Entered: 02/04/2016)
2016-02-18	11	MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration of Vinay Jolly (Inc. Ex. A-F), # 4 Declaration Ann Helms (Inc. Ex. A), # 5 Text of Proposed Order)(Trujillo, Caitlin) (Entered: 02/18/2016)
2016-02-26	12	ORDER: It is hereby ordered that the plaintiff shall file response to defendant's motion for summary judgment by April 7, 2016, or the Court will treat motion as conceded and may enter judgment for the defendant. SEE ORDER FOR FULL DETAILS. Signed by Judge Richard J. Leon on 02/26/1/6. (tb) (Entered: 02/26/2016)
2016-03-09		Partial Filing Fee Received from GREGORY WAYNE BURWELL in the amount of $12.05, receipt number: 4616076436. (zrdj) (Entered: 03/11/2016)
2016-03-15	13	MOTION to Appoint Counsel by GREGORY WAYNE BURWELL (td) (Entered: 03/17/2016)
2016-03-15	14	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by GREGORY WAYNE BURWELL. (td) (Entered: 03/17/2016)
2016-03-25	15	ENTERED IN ERROR.....REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Text of Proposed Order)(Trujillo, Caitlin) Modified on 3/28/2016 (znmw). (Entered: 03/25/2016)
2016-03-25	16	MOTION for Extension of Time to File Reply as to 11 MOTION for Summary Judgment by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS (Attachments: # 1 Text of Proposed Order)(znmw) (Entered: 03/28/2016)
2016-03-28		NOTICE OF ERROR re 15 Reply to opposition to Motion; emailed to ctrujillo@usa.doj.gov, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. Please refile document, 3. Entered in error; Refile as a Motion. (znmw, ) (Entered: 03/28/2016)
2016-03-29	17	REPLY to opposition to motion re 11 MOTION for Summary Judgment filed by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS. (Attachments: # 1 Exhibit A (Plaintiff's Second Superseding Indictment))(Trujillo, Caitlin) (Entered: 03/29/2016)
2016-03-31	18	ORDER that plaintiff's 13 Motion to Appoint Counsel is DENIED. (See Order for Complete Details). Signed by Judge Richard J. Leon on 03/30/2016. (jth) (Entered: 03/31/2016)
2016-03-31		MINUTE ORDER granting nunc pro tunc 16 Motion for Extension of Time to File Response/Reply. It is hereby ordered that the motion is GRANTED. It is further ORDERED that defendant shall file any reply in support of its Motion for Summary Judgment on or before March 29, 2016. Signed by Judge Richard J. Leon on 03/31/2016. (lcrjl1, ) (Entered: 03/31/2016)
2016-05-09	19	NOTICE OF SUBSTITUTION OF COUNSEL by Brian J. Field on behalf of All Defendants Substituting for attorney Caitlin O. Trujillo (Field, Brian) (Entered: 05/09/2016)
2016-06-14		Partial Filing Fee Received from GREGORY WAYNE BURWELL in the amount of $12.01, receipt number: 4616078466. (zrdj) (Entered: 06/17/2016)
2016-08-23		Partial Filing Fee Received from GREGORY WAYNE BURWELL in the amount of $10.56, receipt number: 4616080045. (zrdj) (Entered: 08/23/2016)
2016-09-28	20	MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 09/27/16. (tb) (Entered: 09/28/2016)
2016-09-28	21	ORDER: For the reasons stated in the accompanying Memorandum Opinion, it is hereby ordered that the defendant's 11 Motion for Summary Judgment is GRANTED; judgment is entered for the defendant on all claims, and this case is closed. This is a final appealable order. Signed by Judge Richard J. Leon on 09/27/16. (tb) (Entered: 09/28/2016)
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